Murder Flashcards
(8 cards)
Murder overview
Common law offence defined by Sir Edward Coke
Prosecution can be brought any time after the death of the victim, however, if it is after 3 years, then the consent of the Attorney Gerneral is required.
Murder
The unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought, express or implied.
Unlawful
Relates to the presence of a defence. It’s possible for a killing to be lawful if legally justified.
CLEGG- Final shot to a car that went past soldier’s checkpoint was considered excessive force and D convicted of murder.
RE A- Conjoined twins case, lawful killing, court granted permission
Lawful examples include in wars and the death penaly in other countries.
Killing
Intentionally accelerating death is still murder, even if someone is going to die anyway. Thus, mercy killings or euthanasia is murder.
INGLIS- Son was in a vegetative state after suffering brain injuries. Doctors were hopeful he would recover. Mother was convinced his state was permanent and injected him with a lethal does of heroin to end his suffering. D was convicted of the murder.
Omissions
Death can result from an omission or failure to act. If D has a duty towards the V and fails to act, the AR may exist.
Human being
A reasonable person in being.
A foetus in the womb isn’t a reasonable person in being unless fully expelled (AG’s Ref No.3 1994- D was aquited of murder after stabbing gf who was 23 weeks pregnant , gave birth prematurely 7 weeks later and the baby died aged 4 months.)
Brain dead ppl aren’t reasonable people in being (Malcherek & Steel- both cases show that doctor’s who turn off life support for brain dead patients won’t be criminally liable)
King’s peace
Killing of an enemy in the course of war is not murder.
Killing a prisoner of war is sufficient for AR of murder (Blackman- soldier convicted of murdering an insurgent although conviction downgraded to manslaughter due to D’s mental disorder)
Page- Soldier killed sn Egyptian civillian in village. There was a warn but the murder wasn’t on the battlefield so it was under the Queen’s peace.
MR: Malice aforethought
Interpreted by the courts to mean no previous planning/thinking needed, just that the intention isn’t after the act.
Express malice- intention to kill
Indirect malice- intention to cause GBH
These can be either direct (Mohan’s aim, purpose or desire) or indirect (Woollin’s virtually certain test)
Vickers- D broke into V’s cellar and kicked V in head when she discovered him. She died from her injuries. Implied malice with direct intent. V intended to cause GBH.
Transferred malice can also qualify for MR of murder (Mitchell- post office queue)
